ARNOLD v. TROCCOLI

No. 174, Docket 29075.

344 F.2d 842 (1965)

Anne ARNOLD and Edward E. Arnold, Plaintiffs-Appellants, v. Tex TROCCOLI, also known as "Tex Barton," Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 3, 1965.


Attorney(s) appearing for the Case

Richard W. O'Brien, New York City, for plaintiffs-appellants.

Charles Bakos, New York City (Benson & Morris, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and MEDINA and MARSHALL, Circuit Judges.


LUMBARD, Chief Judge.

This appeal raises the important question of the power of the district court to dismiss diversity suits when it is apparent to a legal certainty that the plaintiff cannot recover as much as "in excess of $10,000," the minimum amount required to confer federal jurisdiction in diversity suits. See 28 U.S.C. § 1332(a).

Anne Arnold appeals from a dismissal of her diversity suit by the district court because her claim of $15,000 damages...

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